What You Need To Know If You’re Charged With A Crime In Texas

Anyone can be accused of a crime. We like to think it only happens to others right up until the day it happens to us. Whether you actually committed it is only one factor among many that can cause you to be charged, or even convicted. This article outlines the basics everyone in Texas ought to know when charged with a crime, including: 

• What to do if you are arrested (or suspect you will be). 
• How an arrest or conviction can affect your employment (and other key consequences).
• The costs associated with a solid criminal defense.

What Are The First Steps I Should Take If I Am Charged With A Crime In Texas?

If you are charged with a crime in Texas—whether arrested by a Tarrant County sheriff or stopped by Dallas police—your first step should always be to call an attorney. In fact, even if you’re not formally charged but believe you might be a suspect, it’s wise to seek legal counsel. An attorney ensures that you don’t unintentionally say or do anything that could harm your case.

Equally important is the second step: remain silent until you’ve consulted with your lawyer. Many cases that could have been difficult to prosecute become much easier for law enforcement after a person speaks to the police or posts on social media. Always talk to your attorney before speaking to anyone about your case, especially law enforcement.

Should I Speak To The Police If I Am Charged With A Crime Or If I Suspect I Will Be?

While it’s crucial to speak to an attorney first, this doesn’t mean you should never talk to the police. In some cases, speaking to them, with your attorney present, can help clear things up. 

For example, a client once called after a detective informed him he was a suspect in a theft case. After reviewing the situation, we agreed that speaking to the detective could close the investigation. We sat down together, answered questions, and the detective decided to close the case and consider filing charges against the accuser.

However, if the conversation had taken a different turn, it was vital to have an attorney present to end it before things worsened. Law enforcement can manipulate or trick suspects into giving answers that can be interpreted in the worst possible light, especially during trial. An attorney ensures that any ambiguities are cleared up immediately, preventing law enforcement from spinning answers against you.

Will I Lose My Job Or Need To Notify My Employer If I Am Charged With A Crime In Texas?

The idea of notifying an employer about being charged with a crime can be daunting. Whether you’re required to notify them depends largely on your specific employment situation. Some employee handbooks mandate reporting all criminal charges, while others don’t address it at all. For certain professions, you may be required to notify a licensing board, even if you don’t have to inform your employer.

While each situation is different, there’s always the risk of losing your job over a criminal charge, even if the case is dismissed. In one instance, a senior executive accused of attempted murder lost his job just 10 days after an anonymous 911 call, despite the case being dropped quickly by a grand jury. 

For some jobs, especially those with strict reputational concerns, even an arrest can result in immediate termination. 

Are There Any Options For My Employment If I Was Charged And Then Later Found Not Guilty?

Texas is an at-will employment state, meaning an employer can terminate an employee for nearly any reason unless protected by an employment contract. Even if you are found not guilty or the charges are dropped, your employer can still choose to let you go.

Your lawyer can try to mitigate this by sending a letter to your employer explaining that an arrest or charge is based on probable cause, which is a low standard of proof. We can remind them that under Texas law, you are innocent unless proven guilty and encourage them to evaluate your work performance rather than reacting to the arrest. Sometimes, this can help – but there’s no guarantee.

How Can I Avoid Damage To My Reputation If I’m Charged With A Crime In Tarrant County?

Your reputation can suffer just as much, if not more, than your employment after an arrest. Unfortunately, arrest stories tend to make headlines, while dismissals or favorable resolutions rarely receive the same attention. This can be difficult for individuals and their families to handle.

While the media attention is largely out of our control, there are some steps we can take. If there’s media interest, we can issue a press release or talk to reporters to provide your side of the story. Unfortunately, once a narrative takes hold, it can be hard to reverse it. 

This situation occurs far too often, but an attorney can help you navigate through the fallout as much as possible.

Richard Jewell: A Case Study In How Criminal Accusations Affect Our Lives 

During the 1996 Olympics in Atlanta, Richard Jewell, a security guard, noticed a suspicious package and started moving people away from the area. Despite his efforts, the bomb detonated, injuring several people.

Initially, Jewell was praised for his quick actions, but soon, suspicion turned on him, with the media accusing him of planting the bomb to play the hero. Although he was eventually cleared, Jewell endured months of intense public scrutiny and media vilification.

His case is now well-documented, with many acknowledging that he did nothing wrong. However, during the investigation, Jewell couldn’t find work, struggled to go out in public, and had his life turned upside down. This highlights how stigma from an arrest or accusation can significantly impact a person’s life, even if they are ultimately exonerated.

How Should I Deal With Media Attention After An Arrest?

If you’re involved in a high-profile case, dealing with the media can be as important as fighting the charges themselves. 

Our firm will work with you to develop a plan ahead of time, determining whether to proactively engage the media or respond only when necessary. By getting ahead of the story, we can attempt to shape the narrative and minimize damage to your reputation.

In some cases, we may also bring in a public relations consultant to guide us through the media landscape, ensuring we strike a balance between protecting your reputation and safeguarding the legal strategy. Every step we take is carefully calculated to ensure that nothing jeopardizes the defense of your case.

Attorney Robert Keating is a compassionate and effective Texas defense attorney who has represented clients in Dallas, Fort Worth, and throughout the state. In over a decade of practice, he has accumulated courtroom victories and favorable negotiations alike, in part due to his unique military and firearm specialist background. 

Have you or a loved one been arrested in Texas? Contact The Law Offices of Robert Keating, PLLC, to schedule a free initial consultation.

Can A Criminal Charge Impact My Custody Or Visitation Rights With My Children?

In addition to the damage to your reputation or employment, a criminal charge can affect your family life, particularly if custody or visitation rights are at stake. 

In these cases, we work closely with your family law attorney and may even attend family court hearings to help protect your rights. If you’re called to testify in family court, we ensure that you don’t inadvertently incriminate yourself in the criminal case, allowing you to fight for your parental rights while staying legally protected.

In some cases, criminal charges are filed as part of a larger custody battle. For example, we once defended a mother accused of failing to report child abuse. Her children were placed in CPS custody, and she lost visitation rights for weeks. After a jury trial, she was found not guilty, but it wasn’t until we had a contested hearing that she regained access to her children.

Fortunately, we have successfully fought charges like these by highlighting the motivations behind the accusations and exposing inconsistencies in the case. 

What Is The Difference Between Someone Pressing Charges Against Me And The Prosecution Pressing Charges?

In Texas, every criminal charge, whether a misdemeanor or felony, is filed on behalf of the state. The state is considered the victim, with crimes being viewed as offenses against the peace and dignity of Texas. This distinction is especially important in domestic violence cases.

Often, a domestic incident might begin as a heated argument, and someone calls the police, expecting them to mediate or calm the situation. Many times, no one involved wants anyone arrested. However, once law enforcement arrives, they may feel compelled to make an arrest – and even if the person who made the call later decides they don’t want to press charges, the case doesn’t simply go away. 

In fact, victims frequently contact me, asking to file an affidavit of non-prosecution, which I help them complete. While this can assist in negotiations, many people mistakenly believe that once the affidavit is filed, the case will be dismissed. Unfortunately, that’s not how it works. Only the prosecutor has the power to drop the charges, as the state is considered the true victim in these cases.

This means that in situations where the alleged victim fully recants, admitting they made false accusations out of anger, the prosecutor can still choose to pursue the case. 

Prosecutors can even pursue charges when the alleged victim is absent. If they cannot locate the victim or the victim refuses to appear in court, they may still proceed with the case based on other evidence. This makes it clear that the decision to prosecute lies solely with the state, not with the individual who initially reported the incident.

What Are Some Of The Potential Legal Costs Associated With Defending A Criminal Charge In Texas?

Legal costs for criminal defense vary greatly depending on the complexity and severity of the case. For example, a simple shoplifting case for a first-time offender may start at around $1,500. On the other hand, more serious cases, like murder, can range as high as $75,000 or more, depending on the need for expert witnesses, private investigators, and other resources.

A typical DWI case may cost between $3,000 and $8,000, while a felony DWI can range from $10,000 to $25,000. Costs also depend on how the case is handled—whether it’s resolved with a plea deal or goes to trial. After discussing the details of your case, we can give you a more accurate estimate of the potential costs.

Our firm operates on a flat-fee structure, meaning you’ll know the cost upfront and can plan accordingly. This protects you from surprise expenses down the line. If the case requires more work than anticipated, we take on the extra burden without passing it on to the client.

What Should I Look For When Choosing A Criminal Defense Lawyer In Tarrant County?

Choosing the right criminal defense attorney is a critical decision, especially in serious cases. It’s essential to find someone you trust and who you feel confident will handle your case effectively. Here are key factors to consider when selecting a lawyer:

1. Trust Is Key

Ask yourself if this is someone you can trust. Do you feel comfortable with them? An attorney-client relationship is built on trust, and it goes both ways. You need to feel that your attorney has your best interests at heart and that you can rely on their judgment.

2. A Track Record Of Success

Does the lawyer seem competent and knowledgeable about the legal process? It’s important to look at their track record. Do they get cases dismissed? Do they have experience going to trial?

Some lawyers may excel at trial work, while others might be more inclined to settle cases with plea deals. It’s crucial that you, not the attorney, are able to decide whether to go to trial or take a plea – so choose someone comfortable with both options.

3. Courtroom Experience

Not all attorneys regularly take cases to trial. Some prefer to settle most cases out of court. While plea deals can be the best option in some situations, you want an attorney who is capable of fighting for you in court if necessary. 

They don’t have to have handled a case exactly like yours before, but they should be able to demonstrate their ability to manage cases successfully, even if it’s their first time with a specific type of charge.

4. Honesty & Transparency

A good lawyer will always be honest about their experience. For example, I’ve handled many types of cases, but if I haven’t worked on a specific charge before, I’m happy to let you know. 

Recently, I was approached to represent someone in a capital murder case. I had never handled a capital murder before, so I was upfront about that. I explained that I’d bring on co-counsel with extensive experience in that area. In the end, the client chose someone else, which I fully respected. 

I never exaggerate my qualifications just to get a case, because it’s not fair to you, the client, and it’s not the right thing to do.

5. Respect For Your Time 

Does the attorney seem like they will devote the necessary time to your case? Criminal defense cases can be time-intensive, and you want to be sure your attorney is willing to invest the effort needed to achieve the best outcome for you.

At the end of the day, finding the right lawyer requires more than just a glance at their qualifications. The relationship you build with your attorney can significantly impact the success of your case. 

You need to feel confident in their honesty, competence, and willingness to fight for you. So don’t be afraid to ask tough questions, call around, and find the person who truly fits your needs. 

Need an attorney who will be honest and put you first? You came to the right place. 

For more information on What You Need To Know If You’re Charged With A Crime In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-7006 today.